As it is coming up to the end of a busy year in the area of employment law, it may be a good time for employers to review their policies and procedures in light of recent changes.

For example, recent High Court and EAT cases have shown that an employer should now be very careful if it intends to carry out a provisional/holding suspension pending the outcome of an investigation or disciplinary matter and should follow some form of fair procedures before implementing a holding suspension.  Disciplinary policies should be reviewed in this context.

Other areas for review  

  • Whistle-blowing is also now an important part of the employment law landscape and employers should have a policy in place to deal with protected disclosures. 
  • Policies in relation to mobile employees, employees working from home and social media issues are also continuously evolving and may need to be reviewed.
  • Employment contracts may need to be considered to make sure they accurately reflect the terms of employment and protect the employer. For example, notice provisions may need to be reviewed, updating salary and benefits, and for more senior employees considering appropriate restrictive covenants to protect the employer’s goodwill.